On January
29, 1998, a decision and notice of interim trail use or abandonment (NITU) was
served in this proceeding, authorizing a 180-day period for Iowa Trails Council
(ITC) to negotiate an interim trail use/rail banking agreement with Central
Kansas Railway, Limited Liability Company (CKR) for a 53.2-mile portion of
CKR’s Little River Subdivision from milepost 577.1 near Lyons to milepost 594.1
near Lorraine, then from milepost 20.7 near Lorraine to milepost 56.9 near
Galatia, in Barton, Ellsworth and Rice Counties, Kan.The negotiating period was subsequently
extended.On December 10, 2001, the ITC
cut back its trails use request to 37.4 miles, and the railroad filed a notice
of consummation for the remaining 15.8 miles.CKR and ITC subsequently reached a trail use/rail banking agreement.

By joint
petition filed on September 13, 2011 and amended on September 22, 2011, ITC and
Sunflower Rail-Trails Conservancy, Inc. (SRTC) (collectively, petitioners),
request the Board, pursuant to 49 C.F.R. § 1152.29(f), to reopen the
proceeding, vacate the existing NITU, and issue a replacement NITU substituting
SRTC as the new interim trail user.CKR
consented to the substitution request on November 21, 2011.

Petitioners
have submitted a copy of the extant NITU and a statement by SRTC of its
willingness to assume financial responsibility for interim trail use and rail
banking pursuant to the Trails Act and 49 C.F.R. § 1152.29.Petitioners’ submission meets the
requirements of 49 C.F.R. § 1152.29.Accordingly, petitioners’ request will be granted and a replacement NITU
will be issued.

This action will not significantly
affect either the quality of the human environment or the conservation of
energy resources.

It is ordered:

1.The proceeding is reopened.

2.The NITU served on January 29, 1998, is
vacated.

3.A
replacement NITU applicable to SRTC as interim trail user is issued,effective onthe service date of this decision and notice.

4.Interim trail use/rail banking is subject to
the future restoration of rail service and to the new user’s continuing to meet
the financial obligations for the right-of-way.

5.If the trail
user intends to terminate trail use, it must send the Board a copy of this
decision and notice and request that it be vacated on a specified date.